Contractor's Artisan's Lien Registration Against Subsequent Owners: Admissibility of Underlying Contractual Defenses on Appeal

A contractor performing roofing and plumbing work on a terraced house, who contracted with a housing cooperative (the initial owner), sought the definitive registration of a construction artisan's lien against the subsequent property owners. The lower court dismissed the claim by allowing the property owners to raise objections derived from the underlying work contract between the contractor and the cooperative, specifically regarding alleged defects exceeding the claim amount. The appellate court reasoned that while generally, the definitive lien registration process is limited to confirming the claim amount for security purposes without adjudicating contractual obligations (thereby excluding most third-party contractual defenses to avoid duplicating litigation), an exception applies when the factual situation concerning the underlying debt is already clear and "liquid" at the time of the appeal. Since the lower court had already improperly transformed the registration procedure into a full contractual dispute by admitting these defenses, and given the appellate court's free review and the clarity of the facts regarding defects at the appellate stage, allowing these defenses was deemed appropriate to prevent an unnecessary subsequent enforcement proceeding.